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United States Court Cases

Nevada Supreme/Appellate Court Record

MARCUERQUIAGA VS. STATE, WILDLIFE C/W 35628

Case Information: 33658
Short Caption:MARCUERQUIAGA VS. STATE, WILDLIFE C/W 35628Court:Supreme Court
Consolidated:33658*, 35628
Lower Court Case(s):Humboldt Co. - Sixth Judicial District - CV12763Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:01/28/1999 / Buchanan, WilliamSP Status:Completed
Oral Argument:04/09/2002 at 1:30 PMOral Argument Location:Carson City
Submission Date:08/01/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/25/1999Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Lyle & Murphy--check no. 4623.
01/25/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-00475
01/28/1999Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: William F. Buchanan. (Briefing and preparation of transcripts suspended pending further order of this court.)
02/10/1999Docketing StatementFiled Docketing Statement. 99-00941
02/25/1999TranscriptFiled Transcript. 12/21/98 Proceedings: Court Reporter: Barbara J. Johnson. 99-01283
03/18/1999Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. 99-02001
03/30/1999Order/ProceduralFiled Order. Pursuant to NRAP 16(g), the settlement judge has filed a report indicating that the parties were unable to agree to a settlement of this matter. Nevertheless, the time deadlines for requesting and preparing transcripts and briefing shall remain suspended pending a jurisdictional review of this appeal and further order of this court. 99-02300
03/31/1999Order/ProceduralFiled Order/Show Cause. Response due: 30 days from the date of this order. The briefing schedule shall remain suspended pending further order of this court. 99-02374
04/29/1999MotionFiled Response to Order to Show Cause. 99-03446
05/12/1999Order/ProceduralFiled Order. Appellants' responded to the order to show cause on April 29, 1999. We conclude that appellants have demonstrated that jurisdiction in this court is proper. Appellant shall have 70 days from the date of this order toi file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 99-03863
07/20/1999MotionFiled Motion and Order Extending Time. Brief due: August 20, 1999. 99-06544
08/20/1999BriefFiled Opening Brief. Mailed on: Reno/Carson Msgr. 8/20/99. 99-07788
08/20/1999AppendixFiled Appendix to Opening Brief. Appellant's Appendix, Volumes 1 and 2. 99-07789
09/20/1999BriefFiled Answering Brief. Hand delivered. 99-08911
09/20/1999AppendixFiled Appendix to Answering Brief. 99-08912
10/19/1999MotionFiled Motion and Order Extending Time. Reply Brief due: November 23, 1999. 99-10139
11/23/1999BriefFiled Reply Brief. Mailed on: Hand delivered 11/23/99 (Reno/Carson). 99-11747
03/07/2000Notice/IncomingFiled Notice. Notice of Corrections to Appellant's Reply Brief. 00-03617
08/28/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 9, 2000 at 2:30 p.m. in Carson City. (NNP00A-MS/DA/ML)
09/06/2000MotionFiled Motion. Motion to Postpone Oral Argument. 00-15696
09/21/2000Order/ProceduralFiled Order. On September 6, 2000, respondent in Docket No. 33658 moved to postpone the oral argument scheduled in that appeal for October 9, 2000, before the Northern Nevada Panel. The motion is accompanied by the parties' stipulation to postpone argument. In support of the motion, respondent notes that the appeal in Docket No. 35628, a "closely related matter," is currently assigned to this court's settlement conference program. Respondent further represents that "considerable progress toward settlement of all issues has been made" and that a settlement will also resolve the issues in Docket No. 33658. We grant respondent's motion and approve the parties' stipulation. We hereby vacate the oral argument presently scheduled in Docket No. 33658 for October 9, 2000, and direct the clerk of this court to reschedule that appeal for oral argument before the Northern Nevada Panel in December 2000. Argument shall be limited to thirty minutes. In the event the appeal in Docket No. 33658 is rendered moot by settlement in Docket No. 35628, the parties shall so immediately inform this court in writing. Nos. 33658 and 35628. (These cases are not consolidated.) 00-16715
10/30/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 12, 2000 at 9:30 a.m. in Carson City. (NNP00A-MS/DA/ML)
11/13/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued in Case No. 35628 to the following date: November 17, 2000. (Nos. 33658 and 35628). 00-19815
11/21/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: December 8, 2000. 00-20435
11/22/2000MotionFiled Motion. Motion to Postpone Oral Argument (Second Request). Nos. 33658, 35628. 00-20547
11/29/2000Order/ProceduralFiled Order. Order Continuing Oral argument. We grant respondent's motion to continue oral argument of this matter. We hereby vacate the oral argument presently scheduled for December 12, 2000, at 9:30 a.m. in Carson City. The clerk of this court shall reschedule this appeal for oral argument on January 17, 2001, in Carson City, before the Northern Nevada Panel. 00-20875
11/30/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 17, 2001 at 9:00 a.m. in Carson City. (NNP00A-MS/DA/ML)
12/18/2000Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued in Case No. 35628 to the following date: March 9, 2001. (Nos. 33658 and 35628). 00-22041
01/04/2001Order/ProceduralFiled Order Vacating Argument and Setting for Submission. Vacating Oral Argument in Docket No. 33658. On December 18, 2000, this court received a letter from the settlement judge requesting that the oral argument in Docket No. 33658 again be postponed as it appears that the parties may be able to settle all issues. We vacate the oral argument in Docket No. 33658 scheduled for January 17, 2001, at 9:00 a.m. in Carson City. If the appeal in Docket No. 33658 is rendered moot by settlement in Docket No. 35628, the parties shall immediately inform this court, in writing, of such fact. Further, if the parties are unable to reach a settlement or if any settlement reached does not render the appeal in Docket No. 33658 moot, the parties shall immediately inform this court, in writing, so that the clerk of this court may reschedule oral argument in Docket No. 33658. Nos. 33658, 35628 (cases are not consolidated.) 01-00211
07/05/2001Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: November 1, 2001. (Nos. 33658 and 35628) 01-11307
01/10/2002Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter in case no. 35628. Nos. 33658/35628. 02-00724
01/22/2002Order/ProceduralFiled Order Scheduling Oral Argument. On January 10, 2002, the settlement judge filed a report with this court indicting that the parties were unable to agree to a settlement of the related matter. This appeal is now ready to proceed. We direct the clerk of this court to schedule this appeal for oral argument before the Northern Nevada Panel in April of 2002. 02-01349
02/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 9, 2002, at 1:30 p.m. (NNP02-MS/RR/NB)
03/26/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
04/09/2002Case Status Update Submitted for Decision. Argued by: Robert E. Lyle for Appellants and George H. Taylor, Deputy Attorney General for Respondent. NNP02-MS/RR/NB
04/12/2002Order/ProceduralFiled Order/Consolidation. The appeal in Docket No. 33658 was argued before the Northern Nevada Panel of this court on April 9, 2002. The appeal in Docket No. 35628 is presently in the process of being briefed. Having further reviewed the record in these appeals, we consolidate the appeals in Docket Nos. 33658 and 35628 for disposition. The briefing schedule established by order of this court on January 16, 2002, in Docket No. 35628 shall not be extended absent a showing of extreme and unforeseeable circumstances. Upon the completion of briefing in Docket No. 35628, these consolidated appeals will be submitted for decision to the Northern Nevada Panel. Nos. 33658/35628. (02-06602) 02-06602
04/25/2002Order/ProceduralFiled Order. To date,appellant Elias has failed to file the docketing statement in docket no. 35628. Elias shall file and serve the docketing statement within 10 days from the date of this order. To date, Appellants in no. 35628 have failed to file either transcript request forms or certificates that no transcripts are being requested. Appellants in no. 35628 shall file either within 10 days of the date of this order. Nos. 33658/35628 02-07298
05/06/2002MotionFiled Motion to Dismiss Appeal. Notice of Withdrawal of Appeal from appellant Manuel Elias. Nos. 33658/35628 02-07884
05/07/2002Transcript RequestFiled Certificate of No Transcript Request. Nos. 33658/35628 (02-07968).
05/16/2002BriefFiled Opening Brief. Mailed on: Hand delivered 05/16/02. Filed in 35628 only. Nos. 33658/35628 (02-08671).
05/16/2002AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. Filed in 35628 only. Nos. 33658/35628 (02-08672).
05/16/2002MotionFiled Response to Motion. Response to "Notice of Withdrawal of Appeal." Nos. 33658/35628. 02-08697
06/18/2002BriefFiled Answering Brief. Mailed on: Hand delivered 06/18/02. Filed in 35628 only. Nos. 33658/35628 (02-10525).
07/22/2002BriefFiled Reply Brief. Appellants' (Julian and Edith Marcuerquiaga) Reply Brief in No. 35628. Mailed on: Hand delivered 07/22/02. Nos. 33658/35628 (02-12534).
08/01/2002Order/ProceduralFiled Order Granting Motion. Granting Motion and Partially Dismissing Appeal. These appeals were consolidated by order of this court on April 12, 2002. On May 6, 2002, appellant Manuel Elias filed a "Notice of Withdrawal of Appeal" in Docket No. 35628. We elect to treat the notice as a motion to withdraw appeal pursuant to NRAP 42(b). On May 16, 2002, appellants Julian Marcuerquiaga, Edith Marcuerquiaga, Trustees of the Julian W. Marcuerquiaga, and Edith M. Marcuerquiaga 1980 Living filed a response to Elias' motion. They "do not join with Elias in, or consent to, any withdrawal or dismissal of the appeal." We grant Elias' motion and dismiss his appeal in Docket No. 35628. The clerk of this court shall removed Manuel Elias as an appellant in Docket No. 35628. Appellants having filed a reply brief in Docket No. 35628 on July 22, 2002, the briefing of these consolidated appeals is now completed. Nos. 33658/35628. (02-13181) 02-13181
08/01/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-MS/RR/NB. Nos. 33658/35628.
09/11/2002Order/DispositionalFiled Order of Affirmance. These are consolidated appeals. "ORDER the judgments of the district court AFFIRMED." NNP02-MS/RR/NB. Nos. 33658/35628. 02-15706
10/08/2002RemittiturIssued Remittitur. 02-16012
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/14/2002RemittiturFiled Remittitur. Received by County Clerk on October 8, 2002. 02-16012